Alimony Amount Calculation – Exhaustive Factors

28 April 2017
10:22AM

The formula for calculation of Alimony

There is no strait-jacket formula to calculate alimony but a number of factors come into play, merits of which are pondered upon by the family court. It solely depends upon the facts and circumstances surrounding the case.

Factors upon which it is calculated (when husband pays to wife)

·Income and all properties of the husband;

·Income and all properties of the wife;

·Conduct of the parties;

·Mandatory Deductions such as Income tax, loan and debt repayments, etc from the husband’s salary so as to arrive at his net income;

·Other liabilities also matter such as old-age parents, children, etc;

·Wife’s educational qualification and experience;

·Lifestyle and social status of the husband and wife;

·Expenses of the wife on food, clothing & shelter;

·The economic, financial and social status of the wife prior to separation;

·Expenses for the children for their upbringing including their education, medical,etc;

·Age and health of the spouses;

·Time duration of their marriage.

Statutory Law References

Sec. 24, 25 of the Hindu Marriage Act, 1955

Sec. 125 of the Criminal Procedure Code, 1973.

Landmark Judgments

U. Sree v. U. Srinivas, (2013) 2 SCC 114

Shabana Bano v. Imran Khan (2010) 1 SCC 666

Danial Latifi & Anr v. Union of India (2001) 7 SCC 740

Important Things to Remember

·Alimony or maintenance can be claimed under Sec. 25 of HMA or Sec. 125 of CrPC;

·Alimony awarded to the wife mostly varies between 1/4th - 1/3rd of the income of the husband;

·Award of alimony can be modified or varied if there is any change of circumstances in the husband’s or wife’s life such as remarriage of the husband;

·The court will try to restore the lifestyle and social status of the wife prior to her separation from her husband;

·Custody of baby remains with her mother till she reaches the age of 5;

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